A. Appointment: The municipal judge shall be appointed by the mayor, confirmed by the city council, and shall be a conservator of the peace. (1983 Code § 8-201; amd. 1998 Code)
B. Jurisdiction: The municipal judge shall have exclusive jurisdiction to hear and determine all offenses against the ordinances of this city. (1983 Code § 8-203)
C. Powers: The municipal judge shall have the power to administer the oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine or imprison for contempt offered to such judge while holding his court, or to process issued by him, in the same manner and to the same extent as the district court. (1983 Code § 8-212)
D. Vacancy In Office: In case of a vacancy in the office of municipal judge by removal or otherwise, the mayor shall appoint a suitable and proper person to fill said vacancy; and the person so appointed shall hold his office for the unexpired term. (1983 Code § 8-202; amd. 1998 Code)
E. Deliver Records To Successor: The municipal judge shall deliver to his successor all dockets, books, papers and files pertaining to the office of municipal judge. (1983 Code § 8-206)
The city council shall provide a suitable courtroom for the municipal judge at the expense of the city; and shall furnish the municipal judge with a suitable docket, files and supplies as may be needed for the municipal court. (1983 Code § 8-205)
A. Compliance With State Law: All matters relating to procedure, prosecution, trial and appeal shall comply with the provisions of Kansas Statutes Annotated articles 41 through 46 of chapter 12, and any amendments thereto.
B. Sessions: The municipal judge shall hold his court at such times and place as shall be set by the municipal judge.
C. Docket Maintained: The municipal judge shall keep a docket in which he shall enter every cause brought before him. All prosecutions for violating any ordinance of the city shall be entitled "The City of Scott City against " (naming the person charged) and the municipal judge shall state in his docket the name of the complainant, the nature or character of the offense, the date of the trial, the names of all witnesses sworn and examined, the findings of the court, the judgment or fine and costs, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in such case.
D. Conviction, Judgment Of: In no case shall a judgment of conviction be rendered except upon sufficient legal testimony given on a public trial or upon a plea of guilty made in open court.
E. Punishment Declared And Assessed: If the defendant plead or be found guilty, the municipal judge shall declare and assess the punishment prescribed by ordinance, and render judgment accordingly, and for costs of suit, and may order that the defendant stand committed until the judgment is completed.
F. Lack Of Jurisdiction: If in the progress of any trial before the municipal judge, it shall appear that the accused ought to be put upon his trial for an offense against the criminal laws of the state, and not cognizable before the said municipal judge, he shall immediately stop all further proceedings before him as such judge, and thereupon he shall cause said complaint to be made before a county judge, who shall proceed as in other cases cognizable before county courts. (Ord. 1096, 10-20-2008)
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